General Terms and Conditions of Use for the Website created by MY MEDICAL SUITCASE
Preamble: Standard defined terms
“Personal Data” refers to any information relating to an identifiable person or an individual who can be identified, directly or indirectly by reference to an identification number or one or more elements specific to this person, for example, a username, profile, address, etc. communicated or processed via the Services. This includes health data.
“User(s)” refers to any person considered to be of legal age in their country when consulting the Website.
“Website” refers to the telemedicine website created by the Company. Its URL address is: www.mymedicalsuitcase.com
“Company” refers to MY MEDICAL SUITCASE, a simplified joint-stock company registered with the Valenciennes Trade and Companies Registry under no. 853 616 357 that constitutes the parent companies of MY MEDICAL SUITCASE-RADIOTHERAPY and MY MEDICAL SUITCASE-TRAVEL.
“MY MEDICAL SUITCASE-RADIOTHERAPY” refers to the company My Medical Suitcase Radiotherapy, a simplified joint-stock company registered with the Valenciennes Trade and Companies Registry under no. 884 126 699, which operates the Website.
“MY MEDICAL SUITCASE-TRAVEL” refers to the company My Medical Suitcase Travel, a simplified joint-stock company registered with the Valenciennes Trade and Companies Registry under the number (registration in progress), which operates the medical travel website created by the Company.
“Party(ies)” refers to the Company and/or the User.
1-Legal notices
The website www.mymedicalsuitcase.com (hereinafter referred to as the “Website“) is operated by MY MEDICAL SUITCASE (hereinafter referred to as the “Company“), a simplified joint-stock company registered with the Valenciennes Trade and Companies Registry under no. 853 616 357.
Technical service
Director of publication: Isabelle Van Renterghem
Contact (email and phone): ivr@mymedicalsuitcase.com – +33 619 598 418
The Website is hosted by OVH and SAS, the registered office is located at 2 rue Kellermann, 59100 Roubaix, registered with the Trade and Companies Registry of Lille Metropole under the number 424 761 419.
The Website constitutes a technological platform intended to put a User in contact with the Company via the Website.
2–The Purpose of the Terms and Conditions of Use
The purpose of these Terms and Conditions of Use is to regulate the access and use of the Website by the User.
By accessing and using the Website, the User expressly acknowledges full acceptance of the Terms and Conditions of Use.
3-Opposability and modification of the Terms and Conditions of Use
These Terms and Conditions of Use, valid on the date they are put online on the Website, are enforceable on the date of the first use of the Website by the User and for the entire duration of their use.
By accessing the Website, the User therefore expressly acknowledges that he/she has read and understood these Terms and Conditions of Use in their entirety and accepts them without restriction or reservation.
The Company is free to modify these Terms and Conditions of Use at any time in order to comply with any changes in laws, regulations, and more generally any applicable standard, as well as to comply with any technical developments.
The only valid version of the Terms and Conditions of Use, i.e. the one to which the User must refer, is the version accessible online on the Website on the date of access and use of Services by the User.
4-Contractual nature of the Terms and Conditions of Use
These Terms and Conditions of Use create a contractual relationship between the Parties.
Given their nature, they take precedence over any other document exchanged between the Parties that may relate in any way to the Terms and Conditions of Use
5-Access to the Website
5.1. Website Accessibility
The Website is accessible 24 hours a day and 7 days a week unless otherwise specified, such as maintenance work, force majeure, possible shutdowns or any other event beyond the control of the Company.
5.2. Website Operations
When a User accesses the Website, they are accessing the main page of the MY MEDICAL SUITCASE group, which includes the companies MY MEDICAL SUITCASE- RADIOTHERAPY and MY MEDICAL SUITCASE-TRAVEL.
As a consequence, when browsing the Website, the User may, depending on the case, access or be referred to the website of the company MY MEDICAL SUITCASE- RADIOTHERAPY and/or the company MY MEDICAL SUITCASE- TRAVEL, which are regulated by their own general terms and conditions.
6-Hyperlinks
6.1. Links provided on the Website
The Website may contain hyperlinks to other websites. These third party sites are independent of the Company, and the Company has no control over their content, privacy policies or practices.
Therefore, the Company cannot be held liable in this respect. The Company is not responsible for the accessibility of such sites or resources or for any loss or damages incurred by Users in connection with the accessibility of said external sites or resources or for their completeness, accuracy or advertising content, products or other material or information on these sites or resources.
The Company does not endorse any advertising, products or other material or information on or accessible from these external resources.
6.2. Links to the Website
No hyperlink to the Website may be used and/or inserted without the prior written authorisation of the Company.
7-The User’s liabilities
7.1. Access to the Website
7.1.1. The User’s legal capacity
To access the Website, the User must be of legal age and not subject to any legal protection.
7.1.2. Treatment of hardware by the User
The User must have a computer and an internet connection for which they alone will be responsible for its performance.
The User will be solely responsibility for all expenses relating to Website access, including hardware, software or Internet access costs, and electronic or telephone communication charges.
7.2. Terms of use for the Website
As soon as the User accesses the Website, the User is subject to the current Terms and Conditions of Use and must therefore comply with them.
Users must use the Website for lawful and appropriate purposes, i.e. in accordance with the laws, regulations and codes of ethics applicable in France or in the country from which the User accesses the Website.
The User agrees:
- not to engage in any act that may overload the Website or any related infrastructure in an unreasonable or disproportionate manner.
- not to use any software, program or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website, including, but not limited to, uploading or providing by any means files containing corrupted data or viruses, Trojan horses, time bombs, or other malicious or damaging code designed to interrupt, suspend, destroy or limit the functionality of any telecommunications equipment.
- not to collect, process and/or store Personal Data relating to other users, in connection with the conduct of the activities prohibited in these terms and conditions.
- – not to modify, hack, or alter the Website or any third party site to falsely imply that it is associated with the Website.
8-The Company’s liabilities
8.1 Access to and use of the Website
The Company agrees to implement all reasonable means at its disposal to ensure access to and proper functioning of the Website under the best conditions.
This provision constitutes an obligation of means. Accordingly, the Company cannot guarantee the uninterrupted availability of the Website and is therefore not liable in the event of its unavailability.
The Company reserves the right to interrupt access to the Website temporarily and without notice in order to improve it and its performance, including possible maintenance, testing and/or repairs.
9-Responsibilities for Website use
Users are entirely responsible for connecting to and browsing the Website.
10-Force majeure
The Company may not be held liable in the event that access to the Website is impossible due to a case of force majeure.
According to Article 1218 of the French Civil Code, force majeure is defined as an event beyond the Company’s control that could not be foreseen at the time when a Personal Account is created and is unavoidable by reasonable measures.
This includes, for example, strikes, equipment malfunctions that occur in User care, power cuts, fires, water damage, bad weather, natural disasters, attacks or pandemics.
11-Duration of the Terms and Conditions of Use
The Terms and Conditions of Use remain binding with regard to the User when accessing the Website and according to the Services selected by the User.
12-Personal Data
The nature of the Services offered entails the collection, processing and hosting of the User’s personal health data by the Company in compliance with the law governing the matter, including the provisions of the Public Health Code, the general data protection regulations effective as of May 25, 2018 (n°2016/679) and the law of January 6, 1978 relating to information technology, files and freedoms (n° 78-17).
By accessing the Website, the User consents to the use of their Personal Data and to the possible transfer of such data to authorised third parties.
12.1. The User’s rights
The User has a right to access and modify this data, and the right to object to the data being processed pursuant to articles 38, 39 and 40 of the law relating to data processing, data files and liberties issued on January 6, 1978 (no. 78-17).
The User may exercise this right by sending a letter to the following postal address:
MY MEDICAL SUITCASE
Personal data protection,
35 Avenue Michel Rondet
Building A – Office 01/09
F-59135 Wallers
or by email to rgpd@mymedicalsuitcase.com
12.2. Confidentiality
The Company guarantees that Personal Data, including personal health data, will not be transmitted to any unauthorised third party in order to preserve their confidentiality.
The User will prevent any access and/or processing of their health data by third parties by maintaining the confidentiality of their personal identifiers to ensure optimal protection of their Personal Data.
13-Intellectual Property
The Company, together with its licensors, is the sole owner of the intellectual property rights to any element related to the Website and the underlying software code. These rights include, for example, brands, copyrights or database rights.
Any other rights are expressly excluded without the prior consent of the Company.
The User agrees to refrain from using any element of the Website or the underlying software code for commercial purposes, whether partially or fully (copying, modifying, altering, publishing, distributing, selling or transferring). Failure to do so may result in legal proceedings.
Website content may be downloaded, printed or copied strictly for personal use only.
14-Cookies
Users are informed that upon visiting the Website, cookies may be automatically installed on their equipment for a period of thirteen months, corresponding to the maximum legal period currently authorised.
These cookies are files containing information concerning how the User utilises the Website without identifying the User. Although they are used by the Company for audience measurement or advertising purposes.
The User is informed that it is possible to refuse such cookies by configuring their browser settings as described on the CNIL website at the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser
15-Waivers
Should one of the Parties tolerate or waive all or part of the liabilities stipulated in the Terms and Conditions of Use, regardless of the frequency and duration, such tolerance or waiver does not constitute a modification of the contract, nor does it generate any rights whatsoever.
16-Partial invalidity
The nullity or inapplicability of one of the stipulated Terms and Conditions of Use, whatever it may be, will not invalidate other stipulations and they will retain their full legal validity and scope.
However, the Parties may agree, by mutual agreement, to replace the invalidated stipulation(s).
17-Disputes
Before taking any legal action, the Parties will seek a settlement by mutual consent of any disputes that may arise in relation to these Terms and Conditions of Use.
If the disputes persist after a period of two (2) months following the notification of one of the Parties to the other Party that there is a problem, the Parties may refer the matter to the courts with jurisdiction in Valenciennes.
18-Applicable law
These Terms and Conditions of Use are governed by French law.
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